Boro today vowed to fight on after the High Court threw out their bid to claim #7m in damages following Christian Ziege's controversial switch to Liverpool.

Boro had attempted to sue the Anfield outfit after a Premier League inquiry found the Reds guilty of breaching the league's rules prohibiting poaching of in-contract players.

But despite the High Court's ruling today, Boro are refusing to give up their claim and were quick to slap in their appeal.

Speaking moments after the High Court announcement was delivered, a club spokesman told the Gazette: "We will ask for leave to appeal this decision, and hope that it is granted."

Liverpool were fined #20,000 and the player #10,000 after the inquiry, but could yet be facing further punishment if Boro manage to get the decision overturned.

Mr Justice Astill said today that the Boro's action was based on "speculation" and had no realistic prospect of success.

It now remains to be seen whether he will review his decision following's Boro's appeal.

David Phillips QC, representing Boro, had told the judge that Liverpool had exploited confidential knowledge of Ziege's contract with Middlesbrough which allowed transfer negotiations to go ahead if a minimum figure of #5.5m was offered.

He said Ziege was worth #7.5m, the sum offered by Rangers and Chelsea in August 2000.

If Liverpool had not made the approaches, Ziege would have stayed with Middlesbrough where he was happy and successful, said Mr Phillips.

He also claimed Boro had lost more money because his transfer fee would have been enhanced had he stayed with Middlesbrough and the club would have been more successful in the League if he had been present.

Mr Justice Astill said Ziege had no market value as a player because Middlesbrough had agreed to allow him the #5.5m clause in his contract.

"For footballing reasons he wanted to go to Liverpool and would go nowhere else for any other offer," said the judge.

Mr Justice Astill said Boro could never expect damages to be awarded by a court on the supposition that the club would have ended higher in the League if the player had stayed.